M.P. Lohithakshan Nair vs The District Collector
2021 Latest Caselaw 9275 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                       WP(C).No.5509 OF 2021(K)


PETITIONERS:

      1        M.P. LOHITHAKSHAN NAIR
               AGED 72 YEARS
               S/O. PADMANABHAN NAIR,
               MANDAPATHARA HOUSE,
               S.H. MOUNT P.O,
               NATTAASSERY,
               KOTTAYAM - 686 006.

      2        M.P. SADASIVAN NAIR,
               AGED 75 YEARS
               S/O. PADMANABHAN NAIR,
               MANDAPATHARA HOUSE,
               S.H. MOUNT P.O,
               NATTAASSERY,
               KOTTAYAM - 686 006.

      3        M.P. SUSHEELA KUMARI,
               AGED 68 YEARS
               S/O. PADMANABHAN NAIR,
               MANDAPATHARA HOUSE,
               S.H. MOUNT P.O.,
               NATTAASSERY,
               KOTTAYAM - 686 006.

      4        C.K. SREEKUMAR,
               MANDAPATHARA HOUSE,
               S.H. MOUNT P.O.,
               NATTAASSERY,
               KOTTAYAM - 686 006.

      5        SREEJAMOL,
               MANDAPATHARA HOUSE,
               S.H. MOUNT P.O.,
               NATTAASSERY,
               KOTTAYAM - 686 006.

      6        VIJAYAMBIKA S NAIR,
               MANDAPATHARA HOUSE,
               S.H. MOUNT P.O.,
               NATTAASSERY,
               KOTTAYAM - 686 006.
 W.P(C).No.5509 OF 2021

                                   2


               BY ADVS.
               SRI. C.S. MANILAL
               SRI. S. NIDHEESH
               SRI. ACHUT M NAIR

RESPONDENTS:

       1       THE DISTRICT COLLECTOR
               CIVIL STATION,
               COLLECTORATE,
               KOTTAYAM - 686 002.

       2       SPECIAL TAHSILDAR (LA-GENERAL),
               CIVIL STATION,
               COLLECTORATE,
               KOTTAYAM - 686 002.


               SMT. K. AMMINIKUTTY - SR. GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C).No.5509 OF 2021

                                        3

                                JUDGMENT

The petitioners have filed this writ petition under Article 226

of the Constitution of India seeking a writ of mandamus

commanding the 2nd respondent Special Tahsildar (LA-General) to

re-present the Reference in LAR No.14 of 2016 to the designated

Special Court within a time frame to be fixed by this Court. The

petitioners have also sought for a direction interdicting the stand of

the 2nd respondent Special Tahsildar (LA-General) in Exts.P5 and P7

letters and to see that the reference applications are re-presented

in terms of Ext.P2 order of the Additional Sub-Court, Kottayam.

2. On 03.03.2021, when this writ petition came up for

admission, the learned Senior Government Pleader was directed to

get instructions.

3. Heard the learned counsel for the petitioners and also

the learned Senior Government Pleader appearing for the

respondents.

4. The learned Senior Government Pleader, on instructions,

would submit that the reference in question has already been re-

presented before the Additional District Court-II, Kottayam, which

has been numbered as LAR No.8/2021. W.P(C).No.5509 OF 2021

In such circumstances, recording the aforesaid fact, this writ

petition is disposed of.

Sd/-

ANIL K. NARENDRAN, JUDGE SPR W.P(C).No.5509 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CLAIM STATEMENT IN L.A.R 14/2016 FIELD BEFORE THE SUB COURT II, KOTTAYAM IN THE YEAR 2017.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 09/08/2019 IN L.A.R. 14/2016.

EXHIBIT P3 TRUE COPY OF THE EXTRACT OF THE E-COURT PROCEEDINGS DATED 09/08/2019.

EXHIBIT P4 TRUE COPY OF THE ADVOCATE NOTICE ALONG WITH POSTAL RECEIPTS DATED 02/03/2020 ISSUED TO THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 11/03/2020.

EXHIBIT P6 TRUE COPY OF THE ADVOCATE NOTICE ISSUED TO THE 2ND RESPONDENT DATED 21/08/2020.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 05/10/2020.

RESPONDENT'S/S EXHIBITS:      NIL.